Full Text of HB4153 100th General Assembly
HB4153 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4153 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Medical Services (EMS) Systems Act. Provides that one condition of being licensed as a Freestanding Emergency Center is that a facility limits its participation in the EMS System strictly to receiving a limited number of patients by ambulance, including, but not limited to, receiving patients from an advanced life support ambulance (rather than receiving a limited number of patients by ambulance) and meeting specified criteria. Provides that the Department of Public Health shall adopt rules as needed to implement provisions concerning Freestanding Emergency Centers, including, but not limited to, rules permitting a licensed Freestanding Emergency Center to receive patients from an advanced life support ambulance (rather than adopt rules as needed to implement provisions concerning Freestanding Emergency Centers).
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Medical Services (EMS) Systems Act | 5 | | is amended by changing Section 32.5 as follows:
| 6 | | (210 ILCS 50/32.5)
| 7 | | Sec. 32.5. Freestanding Emergency Center.
| 8 | | (a) The Department shall issue an annual Freestanding | 9 | | Emergency Center (FEC)
license to any facility that has | 10 | | received a permit from the Health Facilities and Services | 11 | | Review Board to establish a Freestanding Emergency Center by | 12 | | January 1, 2015, and:
| 13 | | (1) is located: (A) in a municipality with
a population
| 14 | | of 50,000 or fewer inhabitants; (B) within 50 miles of the
| 15 | | hospital that owns or controls the FEC; and (C) within 50 | 16 | | miles of the Resource
Hospital affiliated with the FEC as | 17 | | part of the EMS System;
| 18 | | (2) is wholly owned or controlled by an Associate or | 19 | | Resource Hospital,
but is not a part of the hospital's | 20 | | physical plant;
| 21 | | (3) meets the standards for licensed FECs, adopted by | 22 | | rule of the
Department, including, but not limited to:
| 23 | | (A) facility design, specification, operation, and |
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| 1 | | maintenance
standards;
| 2 | | (B) equipment standards; and
| 3 | | (C) the number and qualifications of emergency | 4 | | medical personnel and
other staff, which must include | 5 | | at least one board certified emergency
physician | 6 | | present at the FEC 24 hours per day.
| 7 | | (4) limits its participation in the EMS System strictly | 8 | | to receiving a
limited number of patients by ambulance , | 9 | | including, but not limited to, receiving patients from an | 10 | | advanced life support ambulance : (A) according to the FEC's | 11 | | 24-hour capabilities; (B) according to protocols
developed | 12 | | by the Resource Hospital within the FEC's
designated EMS | 13 | | System; and (C) as pre-approved by both the EMS Medical | 14 | | Director and the Department;
| 15 | | (5) provides comprehensive emergency treatment | 16 | | services, as defined in the
rules adopted by the Department | 17 | | pursuant to the Hospital Licensing Act, 24
hours per day, | 18 | | on an outpatient basis;
| 19 | | (6) provides an ambulance and
maintains on site | 20 | | ambulance services staffed with paramedics 24 hours per | 21 | | day;
| 22 | | (7) (blank);
| 23 | | (8) complies with all State and federal patient rights | 24 | | provisions,
including, but not limited to, the Emergency | 25 | | Medical Treatment Act and the
federal Emergency
Medical | 26 | | Treatment and Active Labor Act;
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| 1 | | (9) maintains a communications system that is fully | 2 | | integrated with
its Resource Hospital within the FEC's | 3 | | designated EMS System;
| 4 | | (10) reports to the Department any patient transfers | 5 | | from the FEC to a
hospital within 48 hours of the transfer | 6 | | plus any other
data
determined to be relevant by the | 7 | | Department;
| 8 | | (11) submits to the Department, on a quarterly basis, | 9 | | the FEC's morbidity
and mortality rates for patients | 10 | | treated at the FEC and other data determined
to be relevant | 11 | | by the Department;
| 12 | | (12) does not describe itself or hold itself out to the | 13 | | general public as
a full service hospital or hospital | 14 | | emergency department in its advertising or
marketing
| 15 | | activities;
| 16 | | (13) complies with any other rules adopted by the
| 17 | | Department
under this Act that relate to FECs;
| 18 | | (14) passes the Department's site inspection for | 19 | | compliance with the FEC
requirements of this Act;
| 20 | | (15) submits a copy of the permit issued by
the Health | 21 | | Facilities and Services Review Board indicating that the | 22 | | facility has complied with the Illinois Health Facilities | 23 | | Planning Act with respect to the health services to be | 24 | | provided at the facility;
| 25 | | (16) submits an application for designation as an FEC | 26 | | in a manner and form
prescribed by the Department by rule; |
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| 1 | | and
| 2 | | (17) pays the annual license fee as determined by the | 3 | | Department by
rule.
| 4 | | (a-5) Notwithstanding any other provision of this Section, | 5 | | the Department may issue an annual FEC license to a facility | 6 | | that is located in a county that does not have a licensed | 7 | | general acute care hospital if the facility's application for a | 8 | | permit from the Illinois Health Facilities Planning Board has | 9 | | been deemed complete by the Department of Public Health by | 10 | | January 1, 2014 and if the facility complies with the | 11 | | requirements set forth in paragraphs (1) through (17) of | 12 | | subsection (a). | 13 | | (a-10) Notwithstanding any other provision of this | 14 | | Section, the Department may issue an annual FEC license to a | 15 | | facility if the facility has, by January 1, 2014, filed a | 16 | | letter of intent to establish an FEC and if the facility | 17 | | complies with the requirements set forth in paragraphs (1) | 18 | | through (17) of subsection (a). | 19 | | (a-15) Notwithstanding any other provision of this | 20 | | Section, the Department shall issue an
annual FEC license to a | 21 | | facility if the facility: (i) discontinues operation as a | 22 | | hospital within 180 days after the effective date of this | 23 | | amendatory Act of the 99th General Assembly with a Health | 24 | | Facilities and Services Review Board project number of | 25 | | E-017-15; (ii) has an application for a permit to establish an | 26 | | FEC from the Health Facilities and Services Review Board that |
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| 1 | | is deemed complete by January 1, 2017; and (iii) complies with | 2 | | the requirements set forth in paragraphs (1) through (17) of | 3 | | subsection (a) of this Section. | 4 | | (b) The Department shall:
| 5 | | (1) annually inspect facilities of initial FEC | 6 | | applicants and licensed
FECs, and issue
annual licenses to | 7 | | or annually relicense FECs that
satisfy the Department's | 8 | | licensure requirements as set forth in subsection (a);
| 9 | | (2) suspend, revoke, refuse to issue, or refuse to | 10 | | renew the license of
any
FEC, after notice and an | 11 | | opportunity for a hearing, when the Department finds
that | 12 | | the FEC has failed to comply with the standards and | 13 | | requirements of the
Act or rules adopted by the Department | 14 | | under the
Act;
| 15 | | (3) issue an Emergency Suspension Order for any FEC | 16 | | when the
Director or his or her designee has determined | 17 | | that the continued operation of
the FEC poses an immediate | 18 | | and serious danger to
the public health, safety, and | 19 | | welfare.
An opportunity for a
hearing shall be promptly | 20 | | initiated after an Emergency Suspension Order has
been | 21 | | issued; and
| 22 | | (4) adopt rules as needed to implement this Section , | 23 | | including, but not limited to, rules permitting a licensed | 24 | | Freestanding Emergency Center to receive patients from an | 25 | | advanced life support ambulance .
| 26 | | (Source: P.A. 99-490, eff. 12-4-15; 99-710, eff. 8-5-16.)
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